Opinion
March 24, 1994
Appeal from the Supreme Court, New York County (Rose Rubin, J.).
The IAS Court correctly refused to suppress the gun recovered by the undercover police officer. The officer's presence in the building and in the C hallway did not violate any privacy right or other right of defendant (People v. Hazel, 194 A.D.2d 440) and his following defendant into an unoccupied apartment similarly did not violate any right of defendant (see, People v. Hollman, 79 N.Y.2d 181). It was in the unoccupied apartment where defendant had no expectation of privacy (see, People Marzan, 161 A.D.2d 416, lv denied 76 N.Y.2d 860) that he intentionally abandoned the weapon (see, People v. Boodle, 47 N.Y.2d 398, 404, cert denied 444 U.S. 969).
Concur — Wallach, J.P., Ross, Rubin, Nardelli and Williams, JJ. [As amended by unpublished order entered June 21, 1994.]